The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal, mental, and moral welfare.
S.D. Codified Laws § 25-5-10
Custody and earnings of children born out of wedlock
Applied in 7 court decisions — leading case Kreps v. Kreps (2010)
Most recently applied in Kreps v. Kreps (February 2010)
Source: SDC 1939, § 14.0304; SL 1982, ch 192; SL 1991, ch 210, § 7.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.